Common Council of Frankfort v. Morris

Opinion of the Court by

Judge Clarke

Reversing.

By this action a citizen sought and obtained an injunction preventing a sale of a franchise to operate a street railway in Frankfort, a city of the third class.'

By subsection 35 of section 3290, the common councils of such cities are empowered to sell such a franchise “for a term not exceeding twenty years,” but must reserve the right to require the purchaser among other things “to pay the co.st of paving or otherwise improving *450between its raiis and for reasonable distance on either side thereof.”

We held, in Board of Council of Frankfort v. Morris,…